Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

United States v. Bradbury

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The Millers, from Lafayette, Indiana, shot and killed two police officers and one civilian in Las Vegas. They died in an ensuing shootout. Days later, Bradbury, a Lafayette resident, placed a message on Facebook, referring to “the town’s cop killing group run by ... myself,” to having sent the Millers to Las Vegas, and to a “larger plot … to kill cops … specifically to take out [named officers]…. We have gathered enough thermite and explosives … to destroy no less than 6 police cars, as well as the Tippecanoe County Courthouse.” A friend asked whether he was serious; Bradbury stated, “complete satire … a big mind game … [I]t’s made to get you to think.” (To think about committing mayhem!).” Bradbury deleted his post, but screenshots were sent to the police. A search, pursuant to warrants, of his bedroom in his parents’ home, revealed thermite. Bradbury was acquitted of “willfully mak[ing] any threat,” but convicted of “maliciously convey[ing] false information,” 18 U.S.C. 844(e), and sentenced to 41 months of imprisonment. The Seventh Circuit affirmed, upholding a jury instruction that “maliciously” means “to act intentionally or with deliberate disregard of the likelihood that damage or injury will result.” The court rejected an argument that the post was a joke, so there was nothing malicious. Bradbury conducted an elaborate and malicious hoax, intending disruptive effects by diverting law enforcement resources. View "United States v. Bradbury" on Justia Law
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